§ 15-42-127 — Implied consent

Arkansas § 15-42-127

• Jurisdiction: Arkansas
• Title: 15

Text

(a) (1) Subject to the provisions of subsection (c) of this section, any person who purchases a hunting license for use in the State of Arkansas or engages in hunting privileges in this state shall be deemed to have given consent to a chemical test or tests of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her blood, breath, saliva, or urine if the person is involved in a shooting accident while hunting. (2) Any person who is dead, unconscious, or otherwise in a condition rendering the person incapable of refusal to submit to a chemical test of his or her blood, breath, saliva, or urine shall be deemed not to have withdrawn the consent provided by subdivision (a)(1) of this section, and the chemical test may be administered subject to the provisions of subsection (c) of this section. (3) (A) When a person who is hunting in this state is involved in a shooting accident resulting in loss of human life or serious bodily injury, a law enforcement officer shall request and the person or persons shall submit to a chemical test or tests of the person's blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her blood, breath, saliva, or urine. (B) The law enforcement officer shall cause the chemical test or tests to be administered to the person or persons involved in the shooting accident, including the person injured by the shooting and the person who caused the injury by shooting another person. (b) If a person who is hunting is involved in a shooting accident resulting in loss of human life or serious bodily injury and the person refuses to submit to a chemical test under this section upon the request of the law enforcement officer, the person shall be guilty of a violation for refusal to submit, and upon conviction: (1) The court shall levy a fine of not less than two thousand five hundred dollars ($2,500) and not greater than five thousand dollars ($5,000); and (2) The Arkansas State Game and Fish Commission may suspend or revoke the person's hunting privileges or eligibility to purchase a hunting license for life. (c) (1) The chemical tests required under this section shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been hunting while under the influence of alcohol or a controlled substance. (2) (A) The law enforcement agency by which the officer referred to in subdivision (c)(1) of this section is employed shall designate which chemical tests authorized by this section shall be administered, and the law enforcement agency shall be responsible for paying all expenses incurred in conducting the chemical tests. (B) If a person tested under this section requests that additional chemical tests be made as authorized in subsection (g) of this section, the cost of the additional chemical tests shall be charged to the person tested. (C) If any person objects to the taking of his or her blood for a chemical test as authorized by this section, the breath, saliva, or urine of the person may be used for the chemical test. (d) (1) To be considered valid under the provisions of this section, a chemical test of a person's blood, breath, saliva, or urine must be performed according to methods approved by the State Board of Health or by an individual possessing a valid permit issued by the Department of Health for that purpose. (2) The department may: (A) Approve satisfactory techniques or methods for the chemical test of a person's blood, breath, saliva, or urine; (B) Ascertain the qualifications and competence of individuals to conduct the chemical test; and (C) Issue permits that shall be subject to termination or revocation at the discretion of the department. (e) (1) When a person submits to a blood test at the request of a law enforcement officer, blood may be drawn by a physician or by a person acting under the direction and supervision of a physician. (2) The limitation of subdivision (e)(1) of this section shall not apply to the taking of breath, saliva, or urine specimens. (3) (A) No person, institution, or office in this state that withdraws blood for the purpose of determining alcohol concentration or controlled substance content of the blood at the request of a law enforcement officer under this section shall be held liable for violating any of the criminal laws of this state in connection with the withdrawal of blood. (B) A physician, institution, or person acting under the direction or supervision of a physician shall not be held liable in tort for the withdrawal of the blood unless the person or institution is negligent in connection with the withdrawal of blood or the blood is taken over the objections of the subject. (f) Upon the request of a person who submits to a chemical test at the request of a law enforcement officer under this section, full information concerning the chemical test shall be made available to the person or the person's attorney. (g) (1) A person tested may have a physician, qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer. (2) The law enforcement officer shall advise the person of this right. (3) If a law enforcement officer refuses or fails to advise the person of this right and to permit and assist the person to obtain the chemical test, then the results of the chemical test taken at the direction of the law enforcement officer under this section shall not be admissible into evidence.

Legislative History

Amended by Act 2013, No. 361,§ 19, eff. 8/16/2013. Acts 2005, No. 1983, § 1.